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EULOGIUM 



CHIEF JUSTICE MARSHALL, 



DELIVERED IN THE 



UNITARIAN CHURCH, WASHINGTON CITY, 



On the 24th of September, 1835, 



BY JAMES Rf k. BRYAJTT, 



AT THE REQUEST OF THE UNION LITERARY SOCIETY. 



Published by order of the society. 



WASHINGTON: 

PRINTED BY JACOB GIDEON, JR. 

1835. 



thS library of congests 



EULOGIUM. 



We have again assembled in the Sanctuary of God, again the 
mournful dirge lingers around its consecrated walls, again the voice 
of prayer and supplication ascends to the throne of the Most High. 
But lately, we were called to mourn the last of the Fathers of our 
Independence, again, the departure of him, who forsaking all for 
liberty, stood by our fathers in the days of their trial, and forsook 
them not until our Independence was accomplished; and now the 
angel of death has hovered near us, and shaking from his dark wings 
a sound like the rushing of the tempest, has snatched from among 
us, one upon whom more than all others, the affections, the confi- 
dence, and the hopes of his country were reposed. John Marshall 
is no more! and all that is now left to us, is the melancholy privilege 
of testifying our gratitude for his services, and the profound respect 
which we entertain for his memory. 

The Union Literary Society of this city, desirous of offering a 
public testimonial of the deep regret which they feel for the loss 
of a great public benefactor, have requested me as their organ, to 
express their feelings, and have selected the anniversary of the day, 
which gave him birth, as the most appropriate occasion. You must 
all be persuaded, that it requires something of an approximation to 
his talents, to render ample justice to his high reputation. I feel 
sensibly the temerity of which I have been guilty, in venturing up- 
on a subject like the present, and my utter inability to do justice to 
the character of the mighty dead. Called upon, however, by the 
Society of which I am a member, to speak in their behalf, of one 
whose life was a blessing to our country, and whose death has deso- 
lated our hearts, I was unwilling that our humble tribute to his 
character and distinguished services, should be suppressed, because 
of the very imperfect manner, in which it must necessarily be of- 
fered. 

These honors are the reward of virtue, and exert a powerful influ- 
ence upon the mind, by exciting emulation in the discharge of those 
duties, and the practice of those virtues, which have gained for the 
subjects of them, the gratitude and respect of their fellow men. 
Ingratitude is not a characteristic of republics, it is true, they have 
no titles, no wealth, no empty distinctions to bestow; but it is not 



less true, that their rewards^We of a more noble, more elevated 
character; — the respect, confidence and affection of a grateful people 
through life, and the tears of unaffected sorrow in death. 

The Republic of which we are members, has reared no costly 
monument over him who is called the Father of his Country, his 
proudest and most enduring distinction is, that he was first, and still 
is first, in the hearts of his Countr3'men. 

These perishing distinctions are rather an evidence of the pride 
of the living, than of the pre-eminent virtues of the dead; they may 
prolong for a little time, the memory of those whose very existence 
would have been unknown without them, but those whose names 
will survive all monuments, and through all time, need not such as- 
sistance to immortality. The end of all monuments is dust. His 
country is the only fitting memorial of the patriot, and her institu- 
tions, founded by his paternal care, matured by his wisdom, and 
adorned by his life, are the proudest records of his existence. The 
history of his life becomes the history of his country, and future 
generations whilst enjoying the blessings which he has provided for 
them, delight to dwell upon his actions, and to recount his virtues. 

The incidents of childhood and early life, are seldom calculated 
to excite curiosity, but I trust I may be pardoned in reviewing them 
in this instance, as the subsequent career of the distinguished subject 
of this address, has created an interest in all the particulars of his 
life. John Marshall was born in Fauquier county, Virginia, on 
the 24th of September, 1755. He had no illustrious line of ancestors 
to command your admiration, no pride of family or fortune to at- 
tract your notice. He was the son of Thomas Marshall, a cultiva- 
tor of the soil, a man without fortune, and of limited education but 
of great intellectual ability, an ardent and devoted patriot, who serv- 
ed with honor to himself, and advantage to his country, as a colonel 
in the continental line of our Revolutionary army. 

In consequence of his limited circumstances, the education of 
his children devolved in a great measure upon himself, and the sub- 
ject of the present address being the eldest, necessarily occupied the 
earliest attention of his father, and after deriving from him all the in- 
struction which his opportunities enabled him to afford, he was placed 
at the age of fourteen under the care of a respectable clergyman, with 
whom he remained nearly a twelve-month. On his return, he re- 
ceived instruction from a Scotch clergyman who resided at his fathers, 
and with whom he made some progress in the classics; he continued 
under the tuition of this gentleman about a year, and his subsequent 



increase of knowledge, was principally the result of his own labors, 
for his studies were afterwards pursued under the direction of his 
father alone. 

The disadvantageous circumstances, however, to which I have 
briefly alluded, could not prevent the expansion of a mind gifted 
with great capacities, and destined to be eminently useful to his 
country; they but stimulated the efforts which he made to advance 
himself in knowledge, and perhaps developed in a greater degree, 
that intellectual energy, which formed so distinguishing a trait in 
his character, an energy which age could not weaken, and which 
death alone could destroy. 

He approached maturity at a most eventful time. The colonies 
had already exhausted their conciliatory efforts to preserve a good un- 
derstanding with the mother country, anda deep and determined 
spirit of resistance to unlawful oppression, was pervading every class 
of the community. The contest had attracted universal attention, 
and the young as well as the old partook of the general excitement; 
it was a cause in which no selfish feelings could be indulged, no 
hopes of personal aggrandisement be entertained. The contest which 
approached, was a contest for principle, and those who ride upon the 
fretful sea of commotion merely to subserve their own interests, or 
to accomplish their own designs, could find no inducements to array 
themselves upon the side of a feeble band of patriots, who determin- 
ed to risk all for their country, were about to place themselves in a 
situation in which nothing but success, could rescue their names 
from obloquy and reproach. 

The spirit of the country was aroused, the crisis was at hand, 
and the determination of the people was evinced by the more than 
ordinary attention which was bestowed upon military associations, 
and in perfecting themselves in the use of the ordinary means of de- 
fence. They felt that the time had almost arrived, when discussion and 
remonstrance must cease, and when redress must be sought for only 
in an appeal to arms. It was a time when, in the language of an 
eloquent writer, "the brave began to fear the power of man, and 
the righteous to doubt the favor of God." 

Among those who distinguished themselves at this early period 
by their active preparation for the struggle, and who exhibited no 
hesitation in espousing the cause of their injured country, was Mr. 
Marshall. At the early age of eighteen he was actively engaged in 
the formation of a volunteer company, and having in this corps, 
rendered himself familiar with the duties of a soldier, he received 



in the summer of 1775, ai^ippoinlment as lieutenant in a company 
of minute men enrolled for actual service, which in the course of 
the ensuing September, took the field for the defence of Norfolk, and 
encountered the enemy at the Great Bridge, where the British un- 
der Lord Dunmore, experienced a signal defeat. In July, 1776, he 
was appointed first lieutenant in the 11th Virginia Continental Regi- 
ment, and marched to the north, where in the following spring he 
was promoted to a captaincy. 

It is to be regretted that as the biographer of Washington, and 
the historian of the revolution, he has carefully forborne to make 
any mention of his own participation, in the occurrences of that 
eventful time, — we know however, that he was in the bloody fields 
of Brandywine, Germantown and Monmouth, and the confidence and 
afiection bestowed upon him in after life, by the great chief under 
whose banner he fought on those trying occasions, is a sufiicient evi- 
dence, that his conduct received the approbation of his commander. 

It is not however as a soldier only, that he has elicited our ad- 
miration, his military career was but the commencement of his 
services to his country; and accordingly we find him, even amid the 
stirring events of the war, occupied in fitting himself for other, and 
varied employments of usefulness and honor. In tlie winter of 1779 
and 80, the term of service of a part of the Virginia line having ex- 
pired, their officei's were directed to return home, in order to take 
charge of the new levies, which were to be made, in the place of 
those which had been discharged. Among these officers, Mr. Mar- 
shall returned to Virginia, and availed himself of this temporary 
inaction, to attend the lectures upon law and natural philosophy in 
the William and Mary College, and in the summer of 1780 he re- 
ceived a license to practise law. In October of that year he return- 
ed to the army, and continued in service until the termination of 
Arnold's invasion, and in February, 1781, there being many super- 
numerary oflicers of the Virginia line, he resigned his commission; 
and after the surrender of Cornwallis at Yorktown, the courts of 
Virginia being re-opened, he commenced his practice at the bar. 

It was not long before hisabilitics in his profession attracted pub- 
lic notice, — and in the spring of 1782, he was elected to the State 
Legislature, and in the fall of that year, a member of the Executive 
council, being at that time just 27 years of age; so early did his 
talents command respect and popular distinction. 

Having resigned his seat in the Executive Council, in 17S4 he 
was elected to the Legislature from his native county, and engaged 



largely in the discussion of those exciting topics which then agitated 
the members of the Confederacy. The bond of union between the 
several States was found to be weak and inefficient, and the powers 
possessed by Congress inadequate to the important duties devolved 
upon it. The country became divided into two great parties, those 
who were desirous of investing Congress with greater powers, and 
in favor of the establishment of a government possessing greater 
authority, for the accomplishment of the purposes for which it was 
designed, and those who were jealous of the rights of their respective 
commonwealths, and unwilling to impart any portion of their powers 
to the general Congress. These were arrayed against each other, 
and a contest ensued, conducted with great ability on both sides, in 
the course of which, almost all the principles of government were 
introduced for discussion, and elaborately examined. In these dis- 
cussions Mr. Marshall took a very prominent part, and the impor- 
tance of them may be inferred from the fact, that the policy of a con- 
tinuance of the Union and of a separation of the States, formed 
leading questions. The evils of the then existing state of things 
were severely felt; public credit was destroyed; Congress was desti- 
tute of the power of collecting the assessments which it made, and 
the whole revenue of the Confederacy was dependant upon the honor 
and probity of the States, from whence it was to be derived. The 
intimate union which had subsisted during a season of common dan- 
ger, was gradually weakened, and the States, particularly the most 
powerful, seemed to cherish the most sensitive feelings upon the sub- 
ject of their own individual authority, and to regard with distrust 
and suspicion, any proposition tending to diminish, in the slightest 
degree, their prerogatives. Just emerged from a successful war for 
political existence, the country was almost in a state of anarchy, and 
it was a matter of serious apprehension with some of the most intel- 
ligent of our statesmen, that the great advantages resulting from the 
contest, might be defeated by disaffection and jealousy, among the 
various branches of the confederacy. It is well known that the 
wiser counsels prevailed ; and that the present Constitution of the 
United States was, after much anxious examination and searching 
debate, offered to the consideration of the people in their primary 
assemblies. It was a project involving much responsibility, an expe- 
riment dependant almost entirely for its success, upon the political 
sagacity of its authors, one in which every difficulty was to be fore- 
seen and overcome, and every contingency provided for. It was a 
task of great delicacy ; the whole system was to be examined in de- 



tail and rc-ors;anized, conflic^^ interests reconciled, sectional preju- 
dices removed or conciliated, mutual concessions and sacrifices to be 
made. 

The project submitted as the result of this examination, expe- 
rienced in the State conventions a powerful opposition. In the 
Virginia convention especially, it was assailed by men of most formi- 
dable talents, eloquence, and political reputation; and it is to be re- 
gretted that a mere sketch only, of the very able and interesting 
debates which took place in that convention, between the intellec- 
tual giants who composed it, has been preserved. One of the 
principal and most exciting topics, was the organization and powers 
of the federal courts, and this was contested with surpassing earnest- 
ness and ability. 

Mr. Marshall distinguished himself particularly by the power- 
ful and conclusive defence which he made of the constitutional pro- 
visions for the judiciary, in which he examined the whole judicial 
system in detail. His speeches upon this subject are remarkable 
for their simplicity of style, their clearness of conception, their con- 
vincing argument, and propriety of conclusion. His object appears 
to be solely the developement of truth, and disdaining the aid of 
rhetorical embellishment, he addresses himself entirely to the under- 
standing of his hearers, satisfied to rest his cause upon its justice, 
and the calm and deliberate judgment of those to whom it was com- 
mitted. After a protracted and able discussion, the Constitution was 
finally adopted by the thirteen confederate States, that Constitution 
which has made us respected abroad, secure, united, and happy at 
home. 

It has fulfilled the presages of its enlightened and patriotic advo- 
cates, and whilst the mould gathers over their honored dust, will 
continue to dispense its blessings, and increase the sum of human 
happiness. Peace to their ashes ! the clods of the valley may press 
heavily upon their bosoms, and the zephyrs of night moan through 
the long grass which waves over their lowly beds, but their fame is 
as enduring as the eternal hills of the land, in whose bosom they 
rest, or as those institutions of which they were the authors. Gene- 
ration after generation will hallow their memory, and the men of 
after days will envy them the distinction, of being the founders of a 
free nation. 

The Constitution having been adopted, Mr. Marshall determined 
to retire from public life, and devote himself exclusively to the prac- 
tice of his profession. Always ready at the call of his country, 



when his services were required, always ready to retire when the 
occasion which called for them had ceased, he was destitute of that 
species of modern ambition which fastens itself upon the honors and 
emoluments of office; he lived in an age of enlightened and disin- 
terested patriotism, and was a worthy associate of that illustrious 
band, who ready to sacrifice all for their country, sought no reward 
for themselves beyond the consciousness of having discharged their 
high and important duties. These were the halcyon days of the 
republic, when men served their country, for their country's sake, 
and when the only emulation which existed among them was, who 
should contribute most to the welfare and prosperity of the country 
and to the happiness of her citizens. 

The services of such a man as John Marshall, however, could 
not be dispensed with ; and accordingly we find him reluctantly 
yielding his assent to the public will, and becoming the Representa- 
tive of the City of Richmond in the State Legislature, during the 
years 1789, 1790 and 1791. It must be recollected, that at this 
time the Constitution of the United States had just been adopted 
and gone into operation; and that in Virginia its adoption had en- 
countered a most formidable opposition, prevailing by a majority of 
ten votes only. It was natural therefore to expect, that every act 
of the new government thus recently called into existence, would 
be rigidly scrutinized, and that each prominent measure would be 
assailed with energy and zeal on the part of those who had been 
opposed to its institution, and whose prejudices had not as yet been 
overcome by the beneficial efiects resulting from its operation ; and 
during the years which I have just mentioned, the debates in the 
Virginia Legislature were rather upon subjects connected with the 
General Government, than with the domestic policy of the State. 

In these debates Mr. Marshall appeared as the able supporter of 
the Constitution, and the avowed advocate of General Washington's 
administration. 

The excitement produced by the negotiation of the British treaty 
by Mr. Jay in 1794, existed not merely in Congress, but the sub- 
ject was warmly discussed in the Legislatures of the States, and in 
the public meetings which were held for the purpose, in the princi- 
pal cities of the Union. 

In Virginia it was assailed with great ardour and ability, and 

the inexpediency of the treaty itself, and the unconstitutionality of 

the powers exercised by the Federal Executive, were fully debated. 

In this debate, Mr. Marshall delivered a speech which has been 

% 



10 

pronounced by cmluenl judgwWo be one of his ablest productions; 
he vindicated, with great success, the conduct of the Executive, and 
demonstrated, conclusively, that the power claimed and exercised 
by the administration, was fully authorised by the Constitution. 
The objections to the constitutionality of the treaty were aban- 
doned, and the Legislature confined itself simply to an expression 
of its opinion, in regard to the inexpediency of the treaty. The 
speech to which I have referred, enlarged the sphere of Mr. Mar- 
shall's fame; he became known and distinguished in other States, 
and among the most eminent of cur statesmen, and shortly after, 
was invited by President Washington to the office of Attorney 
General of the United States, which he declined, preferring to 
prosecute the practice of his profession at home. Upon the re-call of 
Mr. Monroe, who had been Minister Plenipotentiary to France, 
General Washington was anxious to engage the services of Mr- 
Marshall as his successor. This appointment he also respectfully 
declined. 

The rejection of offices of profit and trust is so exceedingly rare 
in the present day, that we must be pardoned for enumerating the 
opportunities which were affi^rded Mr. Marshall of rendering him- 
self conspicuous, and aspiring to the highest honors of the republic ; 
the patriots of modern times would scarcely have permitted these 
opportunities of serving their country to have escaped them. 

It was not until affairs with France began to wear a portentous 
aspect, when that government had refused to receive the minister 
from the United States, that Mr. Marshall consented to serve as 
one of three envoys, who were to be despatched to France, as the 
last means of securing a good understanding with that power. The 
effort was unsuccessful; the envoys were never accredited, and, in 
the summer of 179S, Mr. Marshall returned to the United States. 
It is said that the despatches from that mission were prepared by 
him, and the character of them is worthy of his high reputation; he 
needs however no doubtful honors to be gathered upon his tomb. 

Soon after his return from France, he was invited by General 
Washington to Mount Vernon, where he was strongly urged by that 
illustrious man to become a candidate for Congress. He yielded 
with great reluctance to the solicitations of Washington, and took 
his seat in Congress in December, 1799. 

The first fifteen years after the adoption of the Federal Constitu- 
tion, are admitted to have been distinguished by a greater number 
of public men of vast ability and eloquence, than have appeared 



11 

together during any other period of our history. The cause may 
perhaps be found, in the number of important subjects, upon which 
the Legislatures, both State and Federal, were cslled to act, and the 
general and intense interest felt in regard to the new form of govern- 
ment, which called into public life the most powerful men of the 
age, and elicited those mighty efforts in their encounter, which will 
be handed down to posterity, as the purest specimens of fervid elo- 
quence and intellectual strength that the country has produced. 
To say that John Marshall was one of those statesmen, would be no 
ordinary praise; to say that he was distinguished even in that illus- 
trious assemblage, is to assert no more than the faithful record of 
history warrants. His speeches in Congress were calm, dignified, 
argumentative, and convincing; for that piquancy and personality 
which seem to be the most striking features in modern legislative 
debates, he was totally unqualified. Courteous and respectful to 
those against whose arguments he arrayed himself, he sought not 
the defeat and humiliation of his antagonist, but the developement 
of truth and the triumph of principle ; his aim was not popular 
efiect, but public advantage ; and whilst he labored to convince his 
opponents, no chafing vi^itticism — no withering sarcasm escaped him. 
The excitement of debate could not make him forget, for a moment, 
what was due to himself, to an honest difference of opinion on the 
part of his antagonist, and to his country, whose great interests were 
the subject of his discourse. In this respect he may be advan- 
tageously offered as an example to the Legislative gladiators of the 
present day. 

Upon Mr. Livingston's resolutions, relative to the surrender of 
Thomas Nash, a British subject, charged with having committed a 
murder on board a British frigate upon the high seas, and who was 
directed by the President to be given up to his government, upon 
proof of his guilt, under the twenty-seventh article of the treaty 
between the United States and that power, he delivered a speech, 
which is replete vvith evidences of his extensive learning, his patient 
research, his overpowering argument, and the facility with which 
he analyzed and illustrated the subjects upon which his intellect was 
exercised. It has been aptly remarked, in reference to that speech, 
that the only method of avoiding the conclusion, was to deny the 
premises, — so clear and logical is the demonstration, so consistent 
the reasoning, so inevitable the result. 

The extensive legal acquirements which he displayed on that 
occasion, in the discussion of a question in which his opponents were 



12 

among the most eminent jurrets of the nation, exhibited his high 
qualifications for the exalted station to which he was about to be 
called. 

Having been appointed, in opposition to his own wishes. Secre- 
tary of War, and subsequently. Secretary of State, he became, on 
the 31st of January, 1801, Chief Justice of the United States. 

The office of Chief Justice is unquestionably one of the utmost 
difficulty and importance; the high and responsible duties connected 
with it, requiring the possession of qualifications which are rarely to 
be found combined. The duties and powers of the court over which 
he presides, are of the most momentous and extensive character. 
Upon it are devolved, not merely the questions of property and 
personal rights, but it is frequently called upon to define and deter- 
mine the principles and powers of the Government itself. 

One of the co-ordinate branches of the Government, more inde- 
pendent and less responsible than any other, the power with which 
it is invested, and which is designed to be exerted for the benefit of 
our institutions, may become, in weak, irresolute, or incompetent 
hands, the scourge of the country which it was intended to protect. 
Firmness, decision, the highest moral courage, combined with mode- 
ration, dignity, and an entire destitution of prejudices and partiali- 
ties, added to extensive learning and unmingled patriotism, are 
qualities indispensible in those who minister in the sacred temple, 
and the indulgence of political ambition, or feelings of personal 
interest, profane its halls. 

The judicial power of a government to be efficient, must neces- 
sarily be co-extensive with the legislative, and must be possessed of 
sufficient authority to decide every judicial question growing out of 
its constitution and laws. The ])ower is great, the abuse of it dan- 
gerous in the extreme; the hands therefore, to which it is committed, 
must be pure and unsullied, and the public respect, in which it will 
be held, is dependant upon the moral influence which surrounds it. 

The civil liberty, and the best interests of the citizen, are com- 
mitted to its high keeping. In times of great excitement, laws may 
escape a legislative assembly, which militate against the one and en- 
danger the existence of the other ; and it is the prerogative and duty 
of this tribunal, to bring these laws to the test of examination and 
comparison, with the great charter of our freedom, and to affirm or 
to discard them, as they may prove consonant with, or repugnant 
to it. Without such a tribunal, legislative authority must be unre- 
strained and despotic^ and the evil is augmented when it is inefli- 



13 

ciently or corruptly administered ; with how much reason, there- 
fore, ought we to unite, in the scriptural supplication, '*Let all our 
judges be peace, and our exactors righteousness." 

At the time Judge Marshall was elevated to the station of Chief 
Justice, the duties of the Supreme Court were of a most arduous and 
important character. The Government, of which it is a part, had 
but commenced its existence, and it soon became necessary to define 
its powers, to expound its constitutional provisions, and to deter- 
mine the extent of its authority. The disposition to enlarge the 
powers of the Federal Government, was to be repressed on the one 
hand, and the desire to strip it of its constitutional prerogatives, 
resisted on the other. Created as it were, the perpetual and vigi- 
lant guardian of the Constitution, requiring, for the proper discharge 
of its duties, the highest grade of intellect, the most unwearied re- 
search, and patient investigation; an entire exemption from ambi- 
tious designs and personal considerations, there is a moral sublimity 
in its character which cannot be surpassed, and which is rarely 
equalled in human institutions. Its duties were of such a nature, 
that the most exalted mind, the most enlarged capacity, must enter 
upon them with diffidence and distrust. 

To this station Judge Marshall brought a mind and character 
eminently qualified for it. Gifted with an intellect of unrivalled 
power, possessed of great political sagacity, ardent, and unalloyed 
love for his country, and her free institutions, he felt that the honors 
and rewards of time were too humble for his pursuit. The reward 
at which he aimed, was the favor of his God, the approbation of a 
good conscience, a peaceful death, and a joyful and abundant en- 
trance into the kingdom of immortality. 

Destitute of thai inordinate love of power which seems to be 
almost an essential ingredient of our nature, we find him disclaiming, 
for the tribunal over which he presided, the authority with which 
the Legislature had attempted to invest it, and refusing to exercise a 
prerogative, granted by a solemn act of Congress, because its exer- 
cise was unauthorised by the Constitution. 

Under such circumstances, it was natural that a general feeling of 
security and confidence should prevail, and that he should acquire that 
unbounded affection and respect, which is now so universally exhibit- 
ed. Uninfluenced by popular excitement, unawed by official authority, 
he felt that the station which he occupied, was one in which no 
party feeling could be indulged, no fear of Executive displeasure be 
entertained. 



14 

Feeling the responsibilitj^f liis high calling, he stood aloof from 
those excitements which, in every free government, are so conse- 
quent upon questions of great import to the public weal. Without, 
the storm might rage, and the elements of turbulence, contention, 
and strife, fearfully agitate the public mind. In the sanctuary of 
justice, there was a calmness, a dignity, an elevation of soul, which, 
soaring above the grosser feelings of humanity, and exempt from 
the ordinary passions of mankind, applied the inflexible rules of jus- 
tice to the examination of every question upon its own intrinsic 
merits, whilst a public confidence and satisfaction was felt, as though 
the Angel of Justice had himself descended to hold the impartial 
balance. 

The judicial character and reputation of Judge Marshall are so 
completely enveloped in a mass of legal learning, that it is impracti- 
cable to do more than glance at them, within the limits of an ordi- 
nary discourse. When we have passed away, some future Plutarch, 
scrutinizing, with calm and philosophic composure and impartiality, 
the history of his life, and the results of his labors, will measure 
with exactness the dimensions of this intellectual Colossus, and 
assign to him the high station, which he is destined to occupy in 
the history of man. 

It will be the work of an age to render justice to his reputation, 
based as it was, not upon one or two prominent actions of his life, 
not upon the ephemeral productions of accident or circumstance, but 
the sure and steady growth of more than half a century, during 
which his unrivalled talents were exerted for the benefit of his 
countrymen, with a singleness of purpose and simplicity of design, 
which commanded the respect, as the result does, the gratitude of all. 

In whatever situation we have viewed him, he is entitled to our 
admiration and applause. As a soldier, with the feeble armies of 
his country, contending against the overwhelming hosts of her 
oppressors; as a legislator, sedulously endeavoring to perfect her insti- 
tutions, and render them the dispensers of blessings to mankind; 
as an historian, rescuing the early history of his country from 
obscurity; as a statesman, wielding the destinies of that country, 
and securing to posterity the blessings of civil liberty, social order, 
and national prosperity ; or as a Judge, controlling the wayward- 
ness of man, expounding his obligations, securing his rights, and 
establishing the laws ordained for his government and protection. 

It is not the dazzling splendor of one or more extraordinary 
achievements which constitutes true greatness. Men may attract 



15 

the attention of nations, and their names and exploits may be wafted 
wherever the human species exists; they may flit across our path, 
like the blazing meteor, which, in its rapid and eccentric flight, 
carries wonder and dismay among the astonished beholders, and for 
a time eclipses every other object, whilst it but deepens the dark- 
ness which succeeds it, but their actions want that permanency of 
efiect, that beneficial and extended operation, which shall be felt 
and acknowledged when they have ceased to exist. The truly 
great are like the sun which, exciting no unusual observation, warms, 
animates, and enlightens, whilst it appears, and continues its bene- 
ficent influence when it has vanished from our sight. 

In private life, Judge Marshall was as estimable, as in public 
life he was eminent and distinguished. His simplicity of manners, 
his warm and disinterested friendship, his stern integrity, and his 
unobtrusive piety, were qualities which endeared him to every one 
who was so fortunate as to enjoy his acquaintance. 

Religion is the true basis of every moral and virtuous principle ; 
and in the precepts of our holy religion, pure and undefiled as they 
are, may be found the secret influence which regulated his actions. 
In discharging his duty to man, he sought the approbation of his 
God; when power and authority were entrusted to him, he held them 
but as the steward of the Almighty. His whole life was devoted 
to the service of his fellow men; in every project undertaken by 
benevolence and enlightened charity, for their advantage, he has 
taken an active and conspicuous part, and each philanthropic design 
has, in its turn, received the aid of his counsel and his means. Ex- 
emplary as a husband, a father, and a friend, his country was still 
the supreme object of his regard. To her, he had devoted his early 
days; to her, he had consecrated the efibrts of his riper years; and 
the winter of age chilled not the ardour of his love. 

After a long and varied life of usefulness and honor, he has 
sought his rest; having lingered, as it were, amongst posterity, the 
Nestor of the age, to guide and direct them, he has left them happy 
and prosperous, to rejoin his compatriots who had preceded him. 
It was a selfish feeling which would have detained him longer. 
Peaceful and resigned, he died as he had lived — a consistent, 
upright, conscientious patriot and christian. 

" Night dews fall not more gently to the ground, 
Nor weary, worn-out winds expire so soft." 

In the circumstances of his death may be traced the character of 
his life: He lived to die; he has died, but to live forever! A nation's 



16 

grief attests his worth ; but^Rilst we mourn for the loss which we 
have sustained, let us not forget to lift our hearts in gratitude to 
Him who having blessed us with such benefactors — has permitted 
them to continue with us so long. 

The responsibility which is devolving upon us, is momentous 
and impressive. Those who have hitherto discharged the most 
important duties among us, are surrendering up their trusts, and 
rendering an account of their stewardship, and to us the stations 
which the)' have so ably and so usefully filled, are soon to descend. 
To us they are committing the destinies of our beloved country, and 
their precepts and their example can alone fit us for the sacred trust. 
Let us cherish then the memory of their virtues; — let them be to 
us, as the pillar of cloud by day, and the pillar of fire by night; — 
and, treading in the path of wisdom which they have pointed out, 
may the mantle of these ascended sages rest upon their successors. 









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